Dispute resolution

Although it has been the subject of some judicial debate, the long-standing position in Australia is that Courts have generally permitted contractors to elect to claim on a quantum meruit basis following a principal’s repudiation of a construction contract (as opposed to a claim for contractual damages).  A claim for quantum meruit is calculated by […]

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Key message Earlier this year, the Supreme Court of Queensland handed down a decision in The Trust Company (Australia) Ltd atf the WH Buranda Trust v Icon Co (Qld) Pty Ltd & Anor [2019] QSC 87, which is a reminder to principals and contractors to ensure that their design and construct contracts do not contain […]

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In State of South Australia v Goldstein [2016] SASC 202 the Honourable Justice Blue of the Supreme Court of South Australia handed down a decision relating to the validity of various aspects of expert determinations relating to a dispute concerning the construction of the new Royal Adelaide Hospital.  The proceedings were brought by the principal, […]

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